Authority: IC 20-19-2-8; IC 20-19-2-16

Affected: IC 20-19-2; IC 20-33

Sec. 3.5. (a) The public agency must take measurable steps to recruit, hire, train, and retain personnel who meet the applicable requirements described in sections 2 and 3 of this rule to provide special education and related services under this article to children with disabilities.

(b) Notwithstanding any other individual right of action that a parent or student may maintain under this article, nothing in this article shall be construed to:

1. (1) create a right of action on behalf of an individual student or class of students for the failure of a public agency employee to meet the requirements described in subsection (a); or
2. (2) prevent a parent from filing a complaint about staff qualifications with the division of special education under 511 IAC 7-45-1.

(Indiana State Board of Education; 511 IAC 7-36-3.5; filed Jun 13, 2022, 9:15 a.m.: 20220713-IR-511220014FRA)